Borough of Telford & Wrekin

Summary - Mental Capacity Act

The whole Act is underpinned by a set of five principles set out in Section 1 of the Act:

They are summarised below:
  • A presumption of capacity - every adult has the right to make his or her own decisions and must be assumed to have capacity to do so unless it is proved otherwise.
  • The right for individuals to be supported to make their own decisions - people must be given all appropriate help before anyone can conclude that they cannot make their own decisions.
  • - people must be given all appropriate help before anyone can conclude that they cannot make their own decisions.
  • Individuals must retain the right to make what might be considered as eccentric or unwise decisions.
  • Best interests - anything done for a person without capacity must be done in their best interests.
  • Least restrictive option - anything done for or on behalf of people without capacity should be the least restrictive to their basic rights and freedom.


Return to the main page on the Mental Capacity Act



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